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ANIMAL
DISEASES ACT: IMPORT REQUIREMENTS FOR CATTLE, SHEEP AND GOATS FROM
BOTSWANA, LESOTHO, NAMIBIA AND SWAZILAND: AMENDMENT
(Comments due
by 17 May 2015)
The Department of Agriculture, Forestry
and Fisheries published a notice titled “PUBLICATION OF NOTICE ON THE
PROPOSED REVISED IMPORT REQUIREMENTS FOR CATTLE, SHEEP AND GOATS FROM
BOTSWANA, LESOTHO, NAMIBIA AND SWAZILAND”.
The Minister of Agriculture,
Forestry and Fisheries invited public comments on the notice under the
Animal Diseases Act, 1984 (Act No. 35 of 1984) on the proposed revised
import requirements for cattle, sheep and goats from Botswana, Lesotho,
Namibia and Swaziland (BLNS).
The notice was published to
give effect to South Africa’s commitments under the World Trade
Organization (WTO) Agreement on the Application of Sanitary and
Phytosanitary Measures (SPS agreement).
It is stated in the notice that
the Agreement has a two-fold objective which aims to both recognise the
sovereign right of members to provide the level of health protection they
deem appropriate; and secondly to ensure that SPS measures do not represent
unnecessary, arbitrary, scientifically unjustifiable, or disguised
restrictions on international trade. The Agreement encourages Members to
use international standards, guidelines and recommendations where they
exist.
Articles 2 and 3 of the SPS
Agreement state:
“Article 2:
Members shall ensure that their
sanitary and phytosanitary measures do not arbitrarily or unjustifiably
discriminate between Members where identical or similar conditions prevail,
including between their own territory and that of other Members. Sanitary
and phytosanitary measures shall not be applied in a manner which would
constitute a disguised restriction on international trade."
Article 3:
To harmonize sanitary and
phytosanitary measures on as wide a basis as possible, Members shall base
their sanitary or phytosanitary measures on international standards,
guidelines or recommendations, where they exist, except as otherwise
provided for in this Agreement, and in particular in paragraph 3.
Sanitary or phytosanitary
measures which conform to international standards, guidelines or
recommendations shall be deemed to be necessary to protect human, animal or
plant life or health, and presumed to be consistent with the relevant
provisions of this Agreement and of GAIT 1994."
The South African National
Department of Agriculture, Forestry and Fisheries decided in August 2013 that
the current requirements for the import of cattle, sheep and goats from
Botswana, Lesotho, Namibia and Swaziland (BLNS) needed to be reviewed. The
aforementioned countries are considered to have a similar disease status;
however the import requirements for certain of the countries remained very
strict in comparison to others.
In an effort to remain
consistent with the SPS agreement, the import requirements for cattle,
sheep and goats from BLNS were revised and harmonized.
The Directorate of Animal Health
notified all relevant stakeholders and importers via a letter distributed
on 3 February 2014 of the revised requirements. The letter also served as a
notice of the implementation date of 1 May 2014.
It was decided decided to
suspend the implementation of the revised import conditions for livestock
from BLNS on 26 August 2014 with immediate effect until an adequate
consultation process has been followed, following a successful objection
lodged in terms of section 23 of the Animal Diseases Act, 1984 (Act No. 35
of 1984) on the basis of non-adherence to the spirit of the Promotion of
Administrative Justice Act, 2000 (Act 3 of 2000).
The Department therefore
invites the public is therefore invited to make comments on the revised
import requirements for cattle, sheep and goats from Namibia, Botswana,
Lesotho and Swaziland. The above-mentioned revised requirements are
available on the DAFF website (www.daff.gov.za) for public viewing, at the
following route: Branches Agricultural Production, Health & Food Safety
Animal Health Import/Export Policy Unit Import Proposed revised import
requirements for cattle, sheep and goats from Botswana, Lesotho, Namibia
and Swaziland.
All comments must be sent to
BLNSlivestock@daff.gov.za. Only comments submitted within 30 days of the
date of this notice will be considered.
Alternatively, comments can
also be sent to:
The Director
Directorate: Animal Health
Department of Agriculture,
Forestry and Fisheries,
Private Bag X138,
Pretoria 0001
(Tel.: +27 12 319 7456)
OR
Fax: +27 12 329 7218
The notice (Notice 349 of 2015) can be
downloaded at http://www.gov.za/sites/www.gov.za/files/38701_gen349.pdf
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